DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on February 26, 2025. Claims 1 – 20 are pending and currently being examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 8, 9, 10, 11, 12, 16, 17, 18, 19 & 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 3, 5, 6, 7, 8, 11, 12, 14, 16 & 17 of U.S. Patent No. 12,311,887 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12,311,887 B2 and the instant patent application 19/191,182 BOTH set forth:
8. A storage management system for a vehicle, comprising:
a base configured to be disposed on a floor of a cargo area of said vehicle;
a coupling extending laterally from one of first and second side edges of the base;
a connector linkage coupled to one coupling extension via strap, wherein the connector linkage includes a connector end defining a slot to rotatably receiving a hook of said vehicle;
a first side frame coupled to a first side edge of the base, wherein the first side frame defines a rail;
a second side frame coupled to a second opposing side edge of the base, wherein the second side frame defines a rail; and
at least one door configured to align with a rear opening of said vehicle and engaged with at least one of the rails of the first and second side frames to translate between opened and closed positions.
9. The storage management system of claim 8, further comprising: a central frame coupled to the base between the first and second side frames, wherein the central frame defines a first side rail and a second side rail, and wherein the at least one door includes a first door engaged with the rail of the first side frame and the first side rail and a second door engaged with the rail of the second side frame and the second side rail.
10. The storage management system of claim 8, further comprising: a central frame coupled to the base between the first and second side frames; and a wall panel coupled to the second side frame to a first storage area and a second storage area on opposing sides thereof.
11. The storage management system of claim 8, further comprising: an access panel operably coupled to the at least one door, wherein the at least one door is configured to be unlocked to translate to the opened position in response to an access code received by the access panel.
12. The storage management system of claim 8, further comprising: a slide stop extending across a surface of the base and parallel with the first and second side edges.
16. A storage management system for a vehicle, comprising:
a first base configured to be disposed in a rear seating area of said vehicle;
a sidewall operably coupled to an edge of the first base and at least partially defining a first storage space with the first base;
a first support frame coupled to a lower surface of the first base, wherein the first support frame extends beyond the edge, and wherein the first support frame includes a receiving hook;
a second base configured to be disposed in a cargo area adjacent to the rear seating area and the edge of the first base, wherein the sidewall extends proximate to the second base to at least partially define a second storage base with the second base;
a second support frame coupled to a lower surface of the second base; and
a connector link coupled to the second support frame, wherein the connector link includes a shaft configured to be received by the receiving hook to couple the first base to the second base.
17. The storage management system of claim 16, wherein the connector link includes a slot for receiving a hook installed in the cargo area of said vehicle to couple the second base to said vehicle.
18. The storage management system of claim 16, further comprising: first and second support frames coupled to the second base, wherein each of the first and second support frames define a rail; and a door operably coupled with the rails for translating between opened and closed positions.
19. The storage management system of claim 18, wherein each of the first and second support frames includes a locating protrusion configured to extend through receiving apertures defined by the sidewall.
20. The storage management system of claim 16, wherein each of the first base and the second base includes slide stops extending across upper surfaces thereof.
Allowable Subject Matter
Claims 1 – 8 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan J. Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
